The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s decision that the complainant was non-priority homeless in 2023. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about the Council deciding in 2023 that she was a non-priority homeless applicant and therefore not eligible for the main housing duty. In 2024 she was told that the Council was ending her interim accommodation provided under the Relief duty because she had refused two offers of accommodation.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she was told that she was non-priority homeless in 2023 and that she did not qualify for the main housing duty. She had been placed in interim accommodation and the Council advised her that she could remain there for a limited time under its discretion and that it would assist her with seeking alternative accommodation. The Council’s decision gave her 21 days to challenge the non-priority decision.
Miss X did not challenge the decision and remained in the interim accommodation. The Council mad her two offers of accommodation which she refused and in August 2024 it told her that it would end her interim accommodation because it had made efforts to re-house her and she had not found alternative accommodation of her own.
Miss X made a complaint through a legal representative in early 2025 and asked for her homelessness decision to be reviewed. The Council declined to do so because it had been over a year since the original decision which had a 21-day timescale for a reply.
We will not investigate this compalint which was made to us outside the normal 12-month period for receiving complaints.
The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. I have seen no good reasons for considering the matter further now.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s decision that the complainant was non-priority homeless in 2023. This complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman